Mr. Paul A. Freund, of Washington, D.C., for petitioner.
Mr. Philip J. Hennessey, Jr., of Washington, D.C., for respondents. [319 U.S. 239, 240]
Mr. Justice ROBERTS delivered the opinion of the Court.
This case presents important questions of procedure arising under Title III of the Communications Act of 1934.1
The respondent is licensed to operate Station KOA at Denver, Colorado, on a frequency of 850 kilocycles. Station WHDH, of Boston, Massachusetts, had a license to operate, daytime only, on the same frequency. October 25, 1938, WHDH applied to the Communications Commission for an increase in power and for operation unlimited in time. The Commission set down the application and designated certain issues for hearing, of which the following are pertinent: To determine whether the interests of any other stations may be adversely affected by reason of interference, particularly KOA and other named stations; to determine whether public interest, convenience or necessity would be served by modifying the rules governing standard broadcast stations to authorize the proposed operation of WHDH.
The Commission's rules precluded the operation of a second station at night on KOA's frequency;2 provided that an application not filed in accordance with its regulations would be deemed defective, would not be considered, and would be returned to the applicant,3 and also that if an applicant desired to challenge the validity or wisdom of any rule or regulation he must submit a petition setting forth the desired change and the reasons in support thereof.